New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-07-21
EASTERN ROADS UPHELD.
AGENTS NOT TO BE PAID COMMISSIONS.

SCSIAlNbD-MR. MDkklSoS DcSSk<T&s
wksasSGroS, July 2o.fhres decisions were rendered
by the Interstate Commerce Commission to-day rhe
following three disposed OF in one opinion
The Chicago AMI Alton Railroad COMPANY against tho
Pennsylvania Company the same against the Pennsyl-
vania Railroad Company the Chicago. Rock Island and
Pacific Railroad Company against the Now York Central
and Hudson River Railroad Company. The ma
terial ficts found by tho Commission
arc recited length in the opinion
On the refusal II the comp anan companies
discontinue the pay of commissions ID the agents
of the defendant companies the defendants after April
last refused to sell tickets oysr the complainants
roads from Chicago and ST. Lonis to Kansas City, and
stu refuse solely for those Because OF this the
complanants averred that the defendants refuse to
afford them reasonable proper and equal faciliies
| for receiving. forwarding and delivering paAsen
gers and give undue preference to competing roads
IN OF the provisions OF the act to regulate
commerce Tho descendants denied that they have vio-
lated the provisions Of the act and claimed that they
the exclusive right to control their agents. to fix the
amount Of their compensation and pay It themselves;
pay OF commissions by other companies Is
to their agents and often leads to dscrmi
nations passengers for roads paying largo commits
sions division Of the commission between the agent
and the passen that commissions consume consi-
percentage of the from the sale of through
tickets; that without commissions all connecting roads
stand basis OF equality and passengers select their
routes uninfuenced by agents having interest In
the form OF commissions in persuading them to choose
some particular route.
In Its opinion sustaining the defendants the Commits
sion in substance that In the absence OF statutory
authority railroad company only sell tickets and
check baggage the road OF another railroad com
pany by agreement The form OF tickets and the man
of their sale matters Of agreement by the COM
panies Interested IL companies upon their
tariffs. the form OF their tickets, and how they
should be sold. they have the right to do
and by sucha becO
but IL they cannot agree does undertake to
do business together upon terms that may
not indispensable for these PURPOSES but assuming Tor
the sake Of argument that they may DO deemed "taci
passengers to connecting lines carriers are only re-
they arc not required to afford special unreasonabie
improper unequal facilities.
whether the payment OF commissions is In ITSELF or as
incidental to the enjoyment OF facility reasonable and
statute give company authority to subsidze
the agents Of another company. and n the
cannot be reasonable and proper . -.
The right Of ownership OF railroad property with the
property is absolute under the act as before its pas
sage The regulation OF commerce between the States.
does not involve community OF property;
joint control OF subordinates among the several
porate powers of every company for all administrative
main unimpared With legit,ats exercise these
powers another company has and no right 10
suboriinaes the defendant companes have forbidden |
their agents to receive commissions from other com
panes and directed them not sell roads OF
panes that refuse 10 recognize this corporate authority
but insist snbsidzing tue agents In these directions
the defendants have not transcribed their reasonable
rights One person or has no right To inor
fers with the euloye of another aud the statute does
not disturb this old and sound principle.
The defendants might rest upon thrr right to control
the official conduct OF their agents is stated. but
they 90 further show evidence practical ef
fccts of commissions aud that their natural and usual
iimony regarding the abuses Is quoted
and the Commission reaches the conclusion int
practice capable OF producing and having tendency to
produce results hus described cannot he reasonable
proper. and railroad company Is fully tustfei in tho
use Of all lawful precautions to protect itself and ia
agents against such invasons OF It's eorpore authority
commissoner Morrison In HIS dissenting opinion says
In substance mat by the provision OF the hir section
OF the act the operation OF through lines with through
ucketng aud checking OF bAsa.s" would seem 10 be,
not matter OF agency or agreement dependant on the
panIes but public dnty imposed nv law.
common carrier may not mako discrlinaons where
by IL will alorl A. facility II lie will take
the Chicago, burlington and Quincy. and deny
and Alton road And tSi. is T precisely what
the defendant insists 10 may lawfully do
psinsnt discontinue payment Of commissions which
defendant condemns as al objectionable and demorsiiz
ing practice and which brides dis
guised in the OF commissions. 10 already appears
that The defendant with other common carriers has long
par: psted ia this practice. which s yet general
In the said act pooling rebates drawbacks and all
just determinations declared to he illegal The pay
ing or Offering To pay commissions on the sale OF tickets
is I'm tho years of the Interstate Con.
gressiOnai contests these commissions no.
toned any bill presented report AIDE Ia the House
Senate.
MI Morrison concludes follows:
The commissions be subject TO sueh abuse
and but until declared illegal they
shonld he ale from tIe
the public which obllga
tions the law Grating thus
Inc case of +. D. Harding. complainant against the
Chicago IT Paul. Minneapolis aud Omaha Railroad
COMPANY complaint o unreasonable and unjust rates.
was dismissed by tile Commission for Insufficient owl
dence but without prejudice Opinion by Commissioner
Bragg
rho case OF W. A. Fulton. complainant. against tho
Chicago, 81 Paul. Minneapolis aud Omaha Railroad
Com pany, also complaint of unreasOnib rates, was
likewise dismissed without prejudice. Opinion by Com
missioner Bragg.
The complaints dismissed. all c0ncurring except
Morrison. Opinion by Commissioner
WASHINGTON July 2O.-A letter has been received by
the Interstate Commerce Commission from the Dakota
written before they had learned that their
plant against the Manitoba road had been disposed Of
In which IL IL incidentally mentioned that they re-
ceving So busbs for their grain, which s four
cents than they got before their complaint
made. 1hey attribute the advance 10 their agitation"
49,